VISTA CITY COUNCIL (CC) BUENA SANITATION DISTRICT (BSD) COMMUNITY DEVELOPMENT COMMISSION (CDC)
SUCCESSOR AGENCY TO THE VISTA REDEVELOPMENT AGENCY (SA) JOINT POWERS FINANCING AUTHORITY (JPFA)
CITY OF VISTA
CONSOLIDATED MEETING MINUTES
JUNE 28, 2022
The June 28, 2022, Regular Meeting of the City Council of the Chartered City of Vista, the Community Development Commission of the City of Vista, the Buena Sanitation District, and the Successor Agency to the Vista Redevelopment Agency, was called to order by Deputy Mayor Franklin at 4:30 pm in the City Council Chambers, 200 Civic Center Drive, Vista, California.
COUNCIL MEMBERS PRESENT
Mayor Ritter (via Zoom), Deputy Mayor John Franklin
Joe Green, Corinna Contreras, Katie Melendez
RECESS, CALL FOR CLOSED SESSION
Deputy Mayor Franklin recessed the meeting at 4:36 p.m. and called a Closed Session for the following:
CS1. Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1): (CC)
Case Name: Jennifer Harper v. City of Vista et al.
Case Number: 37-2020-00020306-CU-PO-NC
Venue: San Diego Superior Court
CS2. Public Employment pursuant to Government Code Section 54957: (CC)
Title of Position to be Filled: City Attorney
RECESS, OPEN SESSION, AND CALL TO ORDER
Deputy Mayor Franklin recessed the Closed Session at 5:14 p.m. and called the meeting to order in Open Session at 5:30 p.m. with all members present (Mayor Ritter via Zoom).
DEPARTMENT REPRESENTATIVES PRESENT
Patrick Johnson City Manager
Walter Chung Acting City Attorney
Amanda Lee Assistant City Manager
Ricardo Lopez Sheriff’s Captain
Ned Vander Pol Fire Chief
Kathy Valdez City Clerk
Greg Mayer City Engineer
Larry Vaupel Economic Development Director
Kuna Muthusamy Public Works Director
Dolores Gascon Human Resources Director
Mike Sylvia Finance Director
PLEDGE OF ALLEGIANCE
Councilmember Contreras led the Pledge of Allegiance.
BROWN ACT NOTICE
Deputy Mayor Franklin stated that, due to convening simultaneous meetings, the Buena Sanitation District Board Members will receive compensation of $147.75 for the District meeting.
CONSOLIDATED MINUTES
JUNE 28, 2022
2 APPROVAL OF AGENDA
City Manager Johnson stated there are no changes to the agenda.
CLOSED SESSION
Acting City Attorney Walter Chung stated there was no reportable action taken in Closed Session.
CONSENT CALENDAR
MOTION BY GREEN, SECOND BY CONTRERAS, TO APPROVE THE
FOLLOWING CONSENT CALENDAR.
MOTION CARRIED 4-0, RITTER ABSENT (RITTER EXPERIENCED TECHNICAL DIFFICULTIES)
C1. Received and filed the Treasurer’s Cash Report for the month ending April 30, 2022. (CC)
C2. Approved the following minutes: June 14, 2022, Consolidated Meeting (CC/CDC/SA/BSD)
C3. Adopted City Council Resolution No. 2022-102, entitled “A Resolution of the City Council of the Chartered City of Vista, California, awarding a construction contract to American Asphalt South, Inc. for the Slurry Seal Project 2022 (CIP Nos. 8262 and 8313).” (CC) C4. Adopted City Council Resolution No. 2022-103, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving a Final Map for 103 two-story attached townhomes and associated improvements on a 7.64 acres vacant site located on the northeast corner of Sycamore Avenue and Green Oak Road (APNs 217-210-38, 39, 73 and 74).” (CC)
C5. Adopted the following: 1) City Council Resolution No. 2022-104, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving a second amendment to the contract with Dudek for as-needed construction management and inspection services”; and 2) Buena Sanitation District Resolution No. 2022-16, entitled “A Resolution of the Board of Directors of the Buena Sanitation District of the City of Vista, California, approving a second amendment to the contract with Dudek for as-needed construction management and inspection services”. (CC/BSD)
C6. Adopted City Council Resolution No. 2022-105, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving the purchase of two Pierce fire engines from South Coast Fire Equipment, Inc.” (CC)
C7. Adopted City Council Resolution No. 2022-106, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving the fourth amendment to the agreement with Pride Industries, Inc. for groundskeeping, trash abatement and recycling services.” (CC)
C8. Adopted City Council Resolution No. 2022-107, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving the Agreement for park restroom janitorial services.” (CC)
C9. Adopted the following: 1) City Council Resolution No. 2022-108, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving the Six-Year Capital Improvement Program and FYs 2022/23 and 2023/24 Capital Project Budget and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 Capital Projects”; 2) Buena Sanitation District Resolution No. 2022-17, entitled “A Resolution of the Board of Directors of the Buena Sanitation District of the City of Vista, California, approving the Six-Year Capital Improvement Program and FYs 2022/23 and 2023/24 Capital Project Budget and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 Capital Projects”; and 3) Community Development
CONSOLIDATED MINUTES
JUNE 28, 2022
3 Commission Resolution No. 2022-6, entitled “A Resolution of the Community Development Commission of the City of Vista, California, approving the Six-Year Capital Improvement Program and FYs 2022/23 and 2023/24 Capital Project Budget and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 Capital Projects.” (CC/BSD/CDC)
C10. Adopted the following: 1) City Council Resolution No. 2022-109, entitled “A Resolution of the City Council of the Chartered City of Vista, California, approving a Letter of Agreement between the City of Vista and the Vista City Employees Association and repealing the provisions of any resolutions in conflict herewith”; and 2) City Council Resolution No. 2022-110, entitled “A Resolution of the City Council of the Chartered City of Vista, California, amending the Management and Confidential Employee Compensation Plan and repealing the provisions of any resolutions in conflict herewith.” (CC)
C11. Adopted City Council Resolution No. 2022-111, entitled “A Resolution of the City Council of the Chartered City of Vista, California, re-adopting the 2021-2029 Housing Element.” (CC)
C12. Adopted City Council Resolution No. 2022-112, entitled “A Resolution of the City Council of the Chartered City of Vista, California, authorizing the transfer of funds from the General Fund Emergency Reserves to the Section 115 Pension Trust and Amending the Operating Budget for Fiscal Years 2021/22 and 2022/23.” (CC)
PUBLIC HEARING
PH1. MEMBERSHIP IN THE CLEAN ENERGY ALLIANCE, A COMMUNITY CHOICE ENERGY
PROGRAM (CC)
Deputy Mayor Franklin opened the Public Hearing.
Community Development Director John Conley introduced Climate Action Program Administrator Kaitlyn Elliott-Norgrove who provided the staff report.
Barbara Boswell, Clean Energy Alliance (CEA), spoke in support of the membership and was available to answer any questions Council had.
The following people spoke in support of the membership:
Joe Houde Sonja Robinson, PCF & SUN Suzanne Hume, CleanEarth4Kids.org John Bottorff, CleanEarth4Kids.org Naeem Miller Yusef Miller
City Council Members discussed the following:
• Would like to commit to 100 percent renewable energy for the City organization; provide choices to residents
• The Mayor will appoint a representative and alternate to serve on the CEA Board of Directors • Exit fees will impact potential savings; won’t know the amount until December 2023 • Savings will vary based on which option is chosen
MOTION BY GREEN, SECOND BY RITTER, TO CLOSE THE PUBLIC
HEARING AND TO ADOPT CITY COUNCIL RESOLUTION NO. 2022-113, ENTITLED “A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED
CITY OF VISTA, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE
JOINT EXERCISE OF POWERS AGREEMENT FOR MEMBERSHIP IN THE
CLEAN ENERGY ALLIANCE, A COMMUNITY CHOICE AGGREGATION
JOINT POWER AUTHORITY, AND ALLOWING THE MAYOR’S
APPOINTMENT OF A MEMBER AND ALTERNATE MEMBER TO THE BOARD OF DIRECTORS OF THE CLEAN ENERGY ALLIANCE”; AND INTRODUCE (MOTION CONTINUED ON NEXT PAGE)
CONSOLIDATED MINUTES
JUNE 28, 2022
4 (MOTION CONTINUED FROM PREVIOUS PAGE)
AND ADOPT CITY COUNCIL ORDINANCE NO. 2022-9, ENTITLED “AN
ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, OBTAINING THE CITY COUNCIL’S DECISION, PURSUANT TO PUBLIC UTILITIES CODE SECTION 366.2(C)(12), TO IMPLEMENT A
COMMUNITY CHOICE AGGREGATION PROGRAM WITHIN THE
JURISDICTION OF THE CITY OF VISTA BY PARTICIPATING IN THE CLEAN
ENERGY ALLIANCE, UNDER THE TERMS AND CONDITIONS PROVIDED IN ITS JOINT POWERS AGREEMENT.”
MOTION CARRIED 5-0
PH2. AMENDMENTS TO TITLE 5 OF THE VISTA MUNICIPAL CODE AND TO THE VISTA
BUSINESS PARK SPECIFIC PLAN RELATING TO COMMERCIAL CANNABIS
CULTIVATION (CC)
Deputy Mayor Franklin opened the Public Hearing.
City Clerk Kathy Valdez provided the staff report.
The following people spoke in opposition of cannabis cultivation:
John Byrom, NCPC Suzanne Hume, CleanEarth4Kids.org John Bottorff, CleanEarth4Kids.org Yusef Miller, NAACP & CleanEarth4Kids.org Naeem Miller, NAACP & CleanEarth4Kids.org
The following people spoke regarding social equity and/or procedures:
Sonja Robinson, Sustainable Urban Network Phil Church Natalie Perez
City Council Members discussed the following:
• Business Park is a good location; very few youth-oriented businesses • Will provide dispensaries with a “local grown” option • Include an equity component in the application process • How an equity component would be developed and reviewed/approved
MOTION BY CONTRERAS, SECOND BY MELENDEZ, TO CLOSE THE
PUBLIC HEARING AND TO 1) INTRODUCE CITY COUNCIL ORDINANCE NO. 2022-10, ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE
CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING THE USES
PERMITTED WITHIN “USE AREA ‘B’” OF THE VISTA BUSINESS PARK SPECIFIC PLAN”; 2) INTRODUCE CITY COUNCIL ORDINANCE NO. 2022- 11, ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE
CHARTERED CITY OF VISTA, CALIFORNIA, ADDING CHAPTER 5.97,
COMMERCIAL CANNABIS CULTIVATION, TO THE VISTA MUNICIPAL CODE” AND DIRECTED STAFF TO INCLUDE A SOCIAL EQUITY
COMPONENT WHEN DEVELOPING THE APPLICATION PROCESS; AND 3) ADOPT CITY COUNCIL RESOLUTION NO. 2022-114, ENTITLED “A
RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING FILING AND PROCESSING FEES FOR
APPLICATIONS FOR RENEWAL, TRANSFER OF OWNERSHIP,
RELOCATION, RELOCATION AND MODIFICATION, APPEALS, AND
REGULATORY INSPECTION AND FINANCIAL AUDIT FEES FOR
COMMERCIAL CANNABIS CULTIVATION.”
MOTION CARRIED 3-2 (RITTER AND FRANKLIN OPPOSED)
CONSOLIDATED MINUTES
JUNE 28, 2022
5 Deputy Mayor Franklin requested the City Manager put the equity component on the next City Council agenda for discussion.
DISCUSSION
D1. AMENDMENTS TO VMC CHAPTER 8.12 REGARDING SMOKING IN UNENCLOSED DINING
AREAS (CC)
City Clerk Kathy Valdez provided the staff report.
The following people spoke in favor of the Ordinance:
Gena Knutson, Vista Community Clinic Carina Esquivel, Vista Community Clinic John Bottorff, CleanEarth4Kids.org Suzanne Hume, CleanEarth4Kids.org Naeem Miller, NAACP & CleanEarth4Kids.org Yusef Miller, NAACP & CleanEarth4Kids.org Carolina Portales
City Council Members thanked staff for the report and community groups for their work on the issue.
MOTION BY CONTRERAS, SECOND BY MELENDEZ, TO INTRODUCE AND ADOPT CITY COUNCIL ORDINANCE 2022-12, ENTITLED “AN ORDINANCE
OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA,
CALIFORNIA, AMENDING CHAPTER 8.12 OF THE VISTA MUNICIPAL CODE REGARDING SMOKING IN UNENCLOSED DINING AREAS.”
MOTION CARRIED: 5-0
D2. GENERAL PLAN UPDATE (CC)
Community Development Director Conley introduced Principal Planner Michael Ressler who provided the staff report.
Brooke Peterson, Project Manager from Rick Planning and Design, provided the presentation.
City Council Members discussed the following:
• Including equity in the General Plan update
• Increase density at transportation corridors
• Vacancy in aging commercial corridors
• Seek community input
DISCUSSED THE PROCESS STAFF INTENDS TO FOLLOW TO UPDATE THE
GENERAL PLAN AND PROVIDE INPUT RELATED TO PROCESS OR ISSUES TO BE ADDRESSED.
VOTE: NO VOTE
D3. SAFE PARKING PROGRAM REQUEST FOR PROPOSALS (CC)
Assistant City Manager Amanda Lee provided the staff report.
The following people spoke in support of the program:
Cipriano Vargas, Yousef Miller, Jim Riggenbach, Suzanne Hume
City Council Members stated they are looking forward to the RFP responses and feel the program will have a positive impact.
CONSOLIDATED MINUTES
JUNE 28, 2022
6 DISCUSSED THE SAFE PARKING PROGRAM REQUEST FOR PROPOSALS AND PROVIDED DIRECTION TO STAFF.
VOTE: NO VOTE
D4. DOG PARKS (CC)
Councilmember Green introduced the item.
The following people voiced their opinion on the item:
Norm Halus, Jim Riggenbach
City Council Members discussed the following:
• Possible dog runs in established parks
• Purchase property for parks/green space
• Want to discuss using revenue from any land sold for the park fund • Bring back potential properties and estimated costs for a dog park at a future meeting
DISCUSSED DOG PARK LOCATIONS AND PROVIDED DIRECTION TO
STAFF.
VOTE: CONSENSUS
ORAL COMMUNICATIONS
Carol Jefferies voiced her opinion regarding the vacancies in the downtown area in the mixed-use developments.
Suzanne Hume, CleanEarth4Kids.org, spoke regarding pesticides used in City parks and increasing the tree canopy.
John Bottorff, CleanEarth4Kids.org, spoke regarding pesticides used in City parks.
Naeem Miller, NAACP and CleanEarth4Kids.org, spoke regarding pesticides and planting more trees.
Yusef Miller, NAACP and CleanEarth4Kids.org, spoke regarding pesticides and equity.
REMARKS
Council Members thanked the citizens for their participation in the meeting.
Councilmember Contreras announced that her weekly trash pick-up event this Wednesday will be at 8:00 am rather than 9:00 am at Luz Duran Park due to the warm weather.
Councilmember Green thanked everyone for following through with the CEA membership. He thanked Councilmember Contreras from bringing forward pride month and the pride flag.
City Manager Johnson made the following announcement:
• A City contractor is resurfacing some of our roads this summer as part of our annual maintenance program. Residents are encouraged to avoid the work zones and use alternate routes. The roadwork schedule is posted online at CityofVista.com under the homepage news tab.
• Our Vista Fire Department is reminding residents that it’s safer and less stressful if you keep your pets inside on July 4, as fireworks can be scary and stressful for them.
CONSOLIDATED MINUTES
JUNE 28, 2022
7 •City offices and the Vista Library are closed Monday, July 4 in observance of Independence Day. Residential trash and recycling collections will be delayed one day all week.
Deputy Mayor Franklin made the following announcements:
•To thank those who serve our community and our nation, the Wave Waterpark will be providing free admission for active or retired military, fire, or law enforcement officers on Monday, July 4.
Details are online at TheWaveWaterpark.com.
•The City’s Independence Day Celebration tickets are still on sale. You can get tickets online for parking, the Moonlight Amphitheatre entry, and the BBQ dinner at CityofVista.com/July 4. The event takes place in Brengle Terrace Park. We’ll have the best fireworks display in North County!
ADJOURNMENT
Deputy Mayor Franklin adjourned the meeting at 10:06 pm. ____________________________________
Kathy Valdez, City Clerk